Legal Question in Employment Law in Florida
Business sold employer owes accrued vacation
My employer of 5 years sold his business and now dosn't want to pay me for the 9 days of vacation that I have accrued. Is this legal? He also makes me keep track of my time and if I work over so many hours he calls them comp hrs. I am an exempt employee according to him. He makes me use some of my vacation time to repay comp hrs if I am ever short on time during a week. Sometimes he owes me lots of comp hr and sometime I owe him if I have not worked my full number of required hrs. I have all the written records where all of this stuff has been kept track of for 5 years. I earned 2 weeks for yrs 1 and 2 and 3 years for yrs after that. now after he has already paid the 3 weeks in prior years hes claiming to not know anything about the fact that I was earning 3 weeks per year and is trying to say he never agreed to it and that he has nothing in his file that says so. Thats because I keep all of the records as the office manager and i have the actual paper from my hiring where all of this data was marked down by me. He has sen this paper many times over the last 5 yrs because I record any changes to my arrangement on this paper. Can he do this now after he has already paid me for three weeks per yr in the past?
2 Answers from Attorneys
Re: Business sold employer owes accrued vacation
You have a strong case. Sounds like there could be other issues in your favor as well. Please contact me at [email protected] to discuss further.
Re: Business sold employer owes accrued vacation
Vacation you probably cannot force. However, whether you are an exempt or non-exempt employee for overtime is not up to him; its a legal distinction. I would need more facts. If you would like a consult,please feel free to contact my office.
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